Common use of Subsection 4 Clause in Contracts

Subsection 4. 1(a) of the Credit Agreement is hereby deleted in its entirety, with the following language substituted therefor: (a) (i) as soon as practicable and in any event within thirty (30) days after the end of each of the first two (2) months of each fiscal quarter of the Borrower’s Fiscal Year, a consolidated balance sheet of Borrower and its Consolidated Subsidiaries as at the end of such month and the previous Fiscal Year end and the related consolidated statements of operations and cash flows for such month, and for the portion of the Fiscal Year ended at the end of such month setting forth in comparative form the figures for the corresponding periods of the previous Fiscal Year, all in reasonable detail and certified by either a Responsible Officer of Borrower or another Person consented to in writing by Agent in Agent’s reasonable discretion, as fairly presenting, in all material respects, the financial condition and results of operations of Borrower and its Consolidated Subsidiaries and as having been prepared in accordance with GAAP applied on a basis consistent with the audited financial statements of Borrower (subject to changes resulting from audit and normal year end adjustments and the absence of footnotes); (ii) as soon as practicable and in any event within the earlier to occur of (x) forty-five (45) days after the end of each of the first three (3) fiscal quarters of the Borrower’s Fiscal Year or (y) five (5) days after the filing of the SEC 10Q filing for such fiscal quarter, if applicable, a consolidated balance sheet of Borrower and its Consolidated Subsidiaries as at the end of such fiscal quarter and the previous Fiscal Year end and the related consolidated statements of operations and cash flows for such fiscal quarter, and for the portion of the Fiscal Year ended at the end of such fiscal quarter setting forth in comparative form the figures for the corresponding periods of the previous Fiscal Year, all in reasonable detail and certified by either a Responsible Officer of Borrower, as fairly presenting, in all material respects, the financial condition and results of operations of Borrower and its Consolidated Subsidiaries and as having been prepared in accordance with GAAP applied on a basis consistent with the audited financial statements of Borrower (subject to changes resulting from audit and normal year end adjustments and the absence of footnotes); and (iii) as soon as practicable and in any event within forty-five (45) days after the end of each Fiscal Year, a consolidated balance sheet of Borrower and its Consolidated Subsidiaries as at the end of such Fiscal Year and the previous Fiscal Year end and the related consolidated statements of operations and cash flows for the last month of such Fiscal Year, and for such Fiscal Year in its entirety, setting forth in comparative form the figures for the corresponding periods of the previous Fiscal Year, all in reasonable detail, prepared in accordance with GAAP applied on a basis consistent with the audited financial statements of Borrower (subject to changes resulting from audit and normal year end adjustments and the absence of footnotes);”